Holder Promises to Lift the Marijuana Haze He Created

I missed this a couple of weeks ago, but NORML notes that Attorney General Eric Holder is now promising to clarify the Justice Department's position on medical marijuana. During a June 2 visit to Providence, Holder was asked to address the contradiction between recent threats by U.S. attorneys to prosecute state-licensed dispensaries and his assurances that the federal government won't target people who supply marijuana to patients in compliance with state law. "We're going to bring clarity so that people understand what this policy means and how this policy will be implemented," he said.

I doubt it. Holder has had two and a half years to implement President Obama's promise to respect state medical marijuana laws, and instead the federal campaign against dispensaries has escalated. The October 2009 memo (PDF) urging U.S. attorneys, "as a general matter," to refrain from prosecuting patients and providers who are "in clear and unambiguous compliance" with state law was an exercise in calculated ambiguity. The Justice Department's position that prosecuting such people is perfectly consistent with that memo muddied the water even more. It seems to me that clarity is the last thing Holder wants.

Rep. Barney Frank (D-Mass.) has introduced a bill, H.R. 1983, that would protect people who comply with state medical marijuana laws from federal prosecution. As Mike Riggs noted in May, a companion bill introduced by Rep. Pete Stark (D-Calif.), H.R. 1985, would also protect state-authorized dispensaries from the IRS, which puts them in a financially ruinous position by insisting that they owe federal income taxes yet may not deduct business expenses because their business is illegal.

Earlier this month, I noted that Vermont's governor, unlike Washington's, is pressing ahead with plans for state-licensed dispensaries despite the threats from federal prosecutors. Last month I noted that the forbearance Obama promised is popular, while the aggressive crackdown he has delivered is not. 

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  • ||



    [I'm Hercule Triathlon Savinien Myra]

    Now, we do a lot of surfing the news around the internet, surfing at La Jolla, isn't in the cards any longer, and one of the sights we check out is (www.TheDailyBeast.Com), a guy by the name of Drudge run's the site, but we're not allowed to post on the site, Drudge sent a little E-mail saying his lawyers, said it wasn't to good of an idea to let us post, but at least the boy had the curtsey to let us know it weren't his idea, and you know how them lawyers are. But that being authors make a mistake and let you know how to get ahold of em' which in my case is a bad plan, well Myra Adams, and Mark McKinnon wrote an article entitled Justice Clinton? And, Myra gave her E-mail contact address as (www.TheJesusStore.Com), now not being a Deist, and not a Clinton Fan we couldn't pass this up, no way, no day. So of course we sent Myra an E-mail, and it must not have dawned on her she gave permission to post her E-mail address, cause we got back a reply saying;

    Who are you? Just curious.
    Sent from my Verizon Wireless BlackBerry

    Well, we once again informed her that we were Hercule Triathlon Savinien, so to all you authors don't make the same mistake, especially when the Secret Service pays me visits and lawyers don't want me blogging.

    [Are You Out Of Your Cottin Pickin Head???]

    Well, what was in this E-mail that warranted any reply, that's simple my opinion of Hillary Diane Rodham-Clinton being anything in the government and the answer is [YOU HAVE GOT TO BE KIDDING!!], and a Supreme Court Lifetime Appointee, [YOUR OUR OF YOUR COTTIN PICIN HEAD];

    * Hillary Diane Rodham-Clinton is a stuck up, snob, from the suburbs of the Windy City, Chicago, Illinois, they always figured they were somehow better than us across the Cook County line, in Richard J. Daily's City, which we never understood, because Daily never walked down the Cook County hallway to his City Office, and Presidents came to see him, and no body put his city down or in danger, wasn't going to happen. And some how they were better than us in the Windy City, YA RIGHT! And a Yankee's Fan adding insult to injury.

    * We informed Myra that we believe that the marriage of Hill and the Media Messiah Imperial President was a marriage of convince, made in Swell, that was about [18M] Million votes, and that from what we can see there seems to be trouble in Paradise. We're guessing that the Chicago boy Rahm Emanuel, and White House Chief of Staff, has about as much liking for our Park Ridge Bee-Itch as we do, there are a lot of indications.

    * Hillary goes over to Germany and gives an interview that she can't she herself as (SOS) Secretary Of State, that this [24-7] twenty-four hours a day-seven day a week grind was wearing her down, she was not going to be a [SOS] if the Messiah got another term in office, but was going to retire to write and teach, and this after an [18] month, winner take all battle with the Messiah for the Oval Office, an upon returning to [ConUs] The Continental United States, the lower [48] forty-eight, the story changes, Hillary couldn't be happier in her job, and with the people she works with, that she was just as snug as a bug in a rug. Like the boy over at State really want her; You've got it wrong," Lavrov commented with a smile. He then explained that the words the Americans chose – "peregruzka" meant "overloaded" as opposed to "reset" (The correct choice of word should have been 'perezagruzka'). But the Russian minister nevertheless thanked Clinton for the warm intentions. Them boys over at State set her up, Hillary is letting her alligator, mouth overload her hummingbird backside, the interpreters must have had a chuckle over that one that would been worth opening a brand new bottle of Vodka and sitting down at the table, you don't get up until its drained.

    * Then we have Hillary now looking at Marcy Manor, the Governors House of the State of New York the Empire State, well if you can't live in the White House of the American-Israeli Empire why not the first capital of the Empire, but no, Hillary wasn't really interested in that either.

    * Then it was well maybe Biden would step down as [VP] Vice President, taking Hillary's job at State, Biden always wanted to be [SOS], like Speaker of the House Nancy Pelosi would simple set aside being one step closer as Number [3] Three in the Presidency Line, President-Vice President-Speaker of the House-Secretary of State, and Nancy is going to miss her place in history for Hillary, that is a cat fight we'd like to see.

    * And, now Hillary wants' to be a lifetime appointed Supreme Court Justice, now this is not just a political appointment, this is a HOT BUTTON, political appointment, it means decades of political clout, and the vetting process is not about well I'm Bills Wife the guy who got Impeached and the Supreme Court Justice was at the impeachment. We would really like too see how all those named in the Vanity Fair article Bubba Trouble, The Comeback Id by Todd S. Purdum, July [2008], (http://www.vanityfair.com/politics/features/2008/07?printable=true&current;) would really feel about that vetting process, and then there is the Clinton Library all over again. Plus Bill's girlfriend in the northern county of America's Finest County, San Diego County, so far its been, only know around the county, but the vetting will uncover her name, and its not that hard to do, since its been going on from the White House days and its not Monica.

    [Something is Wrong in Paradise]

    So, something is wrong in Paradise, so what's new with a Clinton, they leave a wake of disaster behind them [1.6km] One-Point-Six Kilometers wide, and enough dirt to build a land bridge between Contintents, my best guess is Hillary and Bill, well, running the White House from the State Department ain't working to well, especially when your door is thru Rahm Emanuel, with the boys at State cutting your legs out from under you. So once again to Myra JUSTICE CLINTON MYRA YOU GOT TO BE KIDDING!!!


  • Almanian||

    Oh, now this right here? This right here is the REAL Herc.

    Welcome back, Herc! Hope you and Mrs. Herc had a good weekend!

  • ||

    Thanks for clearing that up!

  • ||

    When posts get this long (and rambling), my eyes start to glaze over. In the future, could you possibly be a tad more succinct?

  • Hugh Akston||

    tl;dr: tl;dr

  • ||

    that's better.

  • proegg antichicken||

    This is the first time I've ever read the whole thing [procrastinating so hard right now] I usually only read what's in the [brackets]. It's funny that H&R is the only place HERCULE TRIATHLON SAVINIEN [PBUH] isn't persecuted for his bold stances and creative use of [brackets].

    Get em Herc! Keep fighting for whatever it is that you're fighting for.

  • In Time of War||

    As far as I'm concerned, just about any thread can be improved by a huge wall of text composed of authentic frontier gibberish. It really ties the comments section together.

  • Almanian||

    In this picture, Holder kind of looks like Damon Wayans as "The Head Detective".

    Wait a minute...that sounds a lot like "all blacks look al..." OMG I'M RAAAAAAAAAAAAAAAAAAAAAAAACIST!!!

    *stands in stunned horror*

  • Fist of Etiquette||

    Holder is holding... the clarification of policy.

  • ||

    Good for Frank And Stark.

    I'm sure both bills will be defeated after riders to give 30 million to the perverted arts gets attached in committee.

  • ||

    Promising prosecutorial discretion is a bad idea. Demanding that these promises be kept is also a bad idea. It's a demand that we live under the rule of men. (As if there won't be different men in there at some point.)

    Relying on such promises is for suckers.

  • TRTB||

    Mostly agreed. "We promise to look the other way until it no longer suits us to look the other way, but of course we do need to keep all this authority just in case" is pretty weak sauce.

  • ola||

    Don't want to bring Palin into this article, but by gum I'm going to. When she was interviewed by Judge Napolitano, this is the position she took with regards to marijuana. Something to the effect that she wasn't for legalizing marijuana but she thought the police had better things to do and it should be a low priority. And frickin Napolitano let her off the hook with the "prosecutorial discretion" attitude. She was trying to come off to liberals or independants about how freedom loving she was and at the same time appeal to the nut job conservatives by not legalizing the weed.

  • Hugh Akston||

    Why does he need to clarify? I thought the DEA agents raiding pot dispensaries send a pretty clear message.

  • ||

    I don't know how often clarification translates into more freedom, but my guess is that when the Attorney General clarifies something, it doesn't usually go the way people living in the gray areas want it to go.

  • Tim||

    [T]here are known knowns; there are things we know we know.
    We also know there are known unknowns; that is to say we know there are some things we do not know.
    But there are also unknown unknowns – the ones we don't know we don't know. ”
    —Former United States Secretary of Defense Donald Rumsfeld

  • np||

    "I believe what I said yesterday. I don't know what I said, but I know what I think... and I assume it's what I said"
    -- Rummy

  • Tim||

    Should GOD reward you on your terms then, when you refuse to repent?
    You must decide, not I...


    tell me what you know...

    ~ Job 34:33

  • OO||

    the more i know, the less i know...

  • some guy||

    I know you know and I know you know I know you know.

  • ||

    Please keep biblical quotes in context. The speeches of Elihu contradict the fundamental opinions expressed by the 'friendly accusers' in the central body of the text, that it is impossible that the righteous should suffer, all pain being a punishment for some sin. Elihu states that suffering may be decreed for the righteous as a protection against greater sin, for moral betterment and warning, and to elicit greater trust and dependence on a merciful, compassionate God in the midst of adversity

  • ||

    Please keep biblical quotes in context. The speeches of Elihu contradict the fundamental opinions expressed by the 'friendly accusers' in the central body of the text, that it is impossible that the righteous should suffer, all pain being a punishment for some sin. Elihu states that suffering may be decreed for the righteous as a protection against greater sin, for moral betterment and warning, and to elicit greater trust and dependence on a merciful, compassionate God in the midst of adversity.
    Decriminalizing marijuana laws is probably a good thing for society. This does not infer that a person take drugs including marijuana or abuse drugs. Anymore does it infer that someone drinks alcoholic or abused the use of alcohol. So the quote is not relevant in this matter. What is better for people who do abuse drugs or alcohol is that they seek rehabilitation. If they continue to not abide by rehab then repeated offenses will bring about incarceration.

  • Louis CK||

    Are you a lizard?

  • Res Publica Americana||

    Wasn't every facet of life except firearms fucked over by progressive politics in Vermont? I know someone who moved to Vermont from Arizona and moved right back.

  • ||

    Laws against cannabis, a safer substance than tobacco and alcohol, are un-American and un-just. Anyone over 21 should be able to buy good clean marijuana from a conservative system that already exists: the liquor store.

  • ||


  • ||

    I call bullshit on the whole "marijuana is safer" meme. When's the last time alcohol caused somebody to think it was a good idea to spend a month following the String Cheese Incident?

  • ||

    The solution is to outlaw crappy Jam Bands and replace them with awesome stoner stuff like From Good Homes.

    We must all look out for our retarded toker brethren when they are burnt to a crisp. It only takes a second to scrape them off the ceiling and their IQs will be back to normal in a day or two.

  • ||

    Personally, I find I like stoner rock/metal a lot more than stoner jam bands (though I'll admit that, as a musician, I appreciate Phish in small doses).

  • Queens of the Stone Age||

    Nicotine, Valium, Vicodin, Marijuana, Ecstasy, and Alcohol. C..C..C..cocaine

  • Lowdog||

    Was just gonna post this!

  • dunkel||

    I have some FGH stuff, and I loves me some Railroad Earth.

  • ||

    And lets not forget having to listen to all those Grateful Dead bootlegs.

  • Concerned Citizen||

    I have some good shit on hand and a new Yes album will be released on July 12. All hope is not lost.

  • goober1223||

    It would be so much harder to just try and legalize the plant anyway. Why not create bills that tip-toe around every unintended consequence.

    "You're afraid to eat pussy so you munch around the ass." - Eminem

  • ||

    "Rollin' down the street
    smokin' indo
    sippin' on gin and juice,
    laid back"

    ---Redneck Snoopy Poop Dog


  • ||

    As a wise man once said: "Fool me once, shame on — shame on you. Fool me — you can't get fooled again."

  • Number 2||

    It is not at all surprising that Team Obama is backtracking on medical marijuana.

    Someone at the White House must have realized that allowing states to opt out of the comprehensive federal drug regulatory program creates a precedent that could allow states to opt out of other comprehensive federal regulatory programs, e.g., Obamacare. Someone also must have realized that allowing states and their citizens to decide for themselves which drugs are safe and effective undermines the logic behind the massive federal food and drug regulatory program.

    It was only a matter of time before someone on Team Blue realized that the implications of state-authorized medical marijuana are inconsistent with some of the most cherished beliefs of Progressivism. I am only surprised that it took this long.

  • OO||

    yea i can see where health insurance & pot are the same but totally diff. maybe its ur screen name

  • ||

    Number 2, you've probably given it more thought than they have. I suspect their thinking goes more like: "Right now I have the power to persecute some people. If I stop persecuting people who comply with state law, I will have less power. Ergo . . . "

  • ||

    Bureaucratic drift and politics also play a part. Team Blue is just doing the same as Team Red. They also can't be seen as being "soft on the WoD."

  • ||

    Well has anyone noticed that despite the increase in dispensary raids the Feds haven't actually been filing criminal charges subsequent to the raids?

    I'd think that dispensaries opened subsequent to the Holder memo could mount a rather strong entrapment by estoppel defense.

    But the Feds do get to keep the money they steal in the raids as well as evidence of unrelated offenses, e.g. finding a second set of books and filing charges of evasion of Federal income tax. IANAL and may very well be missing something but I do think it's consistent with the letters that the US Attorneys have been sending out. Once the content of those letters becomes reasonably known and understood by the people operating dispensaries, no more entrapment by estoppel defense.

    Whether or not the defense would work isn't particularly important, it is a tough defense. It flopped for Ed Rosenthal and the City of Oakland had actually deputized him and put in writing that what he was doing was legal. But even successful prosecutions run the risk of making the Obama administration look like bad guys to quite a large number of people and I don't think it unreasonable to think that Mr. Obama is very sensitive about people's perceptions.


    "In order to successfully assert this defense, one must actually rely on a point of law misrepresented by a government official and such reliance must be objectively reasonable given the identity of the official, the point of law misrepresented, and the substance of the misrepresentation. The misrepresentation must be made directly to the accused rather than to others.

    This defense exists where a government official tells the accused that certain conduct is legal, the accused relies on that representation in engaging in that conduct, and the accused is then later prosecuted for engaging in that conduct."


  • Robert||

    Where Oakland erred was in failing to put their actual police in charge of the grow, and/or make Ed Rosenthal an actual officer with enforcement responsibilities, which would've been easy to do.

  • Robert||

    clarity is the last thing Holder any lawyer ever wants.
  • ||

    In 2012 who are WE THE PEOPLE//Going vote for let me see i may need CLARITY// do you MR. HOLDER//? MAYBE YOU DO// YOU MAY NEED A NEW JOB//

  • ||

    Tell your Congressional Representatives -
    It is time to "Change the Schedule of Cannabis, Cannabis Laws, and Drug Czar Laws"
    Read and Sign the petition at


    After you sign the petition, email your friendlies, share on facebook, or twitter from the petition page. If you have a website grab the widget so your vistitors can sign it without leaving your website.

    Though the petition is a babystep to ending the war on cannabis, with each step the baby gets further down the road. Since the start (May11th) of the petition, 3 new Bills were introduced in the House. While the DPA worked with the Legislators to draw up the Bills, this petition gave them the timing to introduce the Bills. Help get them passed by signing the petition. Each signature sends an email to the Congressional Representatives of the signer. Let Congress know It is time to end the war!

  • ||

    Prohibition is a massive pork-barrel scheme, and the pretext for all manner of unconstitutional power-grabbing. Holder is a power-grubbing political whore. He would no more abandon prohibition, than he would admit that the constitution limits the power of government.



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